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General Conditions of Sale
Premise
These general conditions of online sale (hereinafter "GCS") govern the contract of sale (hereinafter, the "Contract") of the products (hereinafter, the "product" or "products") offered by
Nuova Drogheria di MoMix s.r.l Via Emilia Est, 166 - 41124 Modena Emilia P.IVA 03803730369 E-mail: info@nuovadrogheria.it
hereinafter, "Seller") - through its website www.nuovadrogheria.it (hereinafter, the "site") to users of the site (hereinafter, the "customers" or the "customer").
These general conditions of sale are intended to refer only and exclusively to customers qualified as "consumers" pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206, ie "natural persons acting for purposes unrelated to any entrepreneurial or professional activity carried out", as well as adults.
All information contained in the site is in Italian. The customer declares to have read all the aforementioned information and general conditions of sale, before placing the order.
The customer, before placing the order of the product, declares that the purchase of said product has no direct relationship with his professional activity, being their purchase intended for personal use.
The customer also declares to have the legal capacity to undertake in accordance with the provisions of these general conditions.
1 - Object
These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online store www.nuovadrogheria.it
2 - Territory and coverage of the offer
This version of the general conditions of sale refers exclusively to sales made to consumers having their domicile or residence in Italy.
3 - Contractual documents
This contract consists of the following documents:
• these general conditions of sale
• order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are shown for descriptive purposes only.
4 - Order receipt
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question only in the cases provided for in this contract in the articles "Right of withdrawal" and "Execution of the order".
5 - Order acceptance
The conclusion of the contract will take place only at the time of confirmation of the order by Nuova Drogheria di MoMix s.r.l
The customer will receive by e-mail a notification of receipt showing the order confirmation with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs).
Nuova Drogheria di MoMix s.r.l reserves the right not to confirm an order for any reason relating in particular to a problem with the supply of products, or to a problem concerning the order received.
Nuova Drogheria di MoMix s.r.l cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. Nuova Drogheria di MoMix s.r.l cannot be held responsible for any damage that may occur to the products after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
6 – Availability of products
The offers contained in this site will be valid as long as the products listed remain online and while stocks last.
Nuova Drogheria di MoMix s.r.l also reserves the right to communicate to the customer, at the email address associated with his profile, the possible unavailability of one or more of the products purchased. In case of purchase of a product no longer available, Nuova Drogheria di MoMix s.r.l will refund (on the payment card or on the account PayPal indicated by the same for the purchase or by bank transfer whose details are to be communicated after registration) of the price and shipping costs incurred by the customer.
7 - Prices - Invoice
Prices are expressed in Euros and do not include VAT that will be charged at checkout.
The price guaranteed to the buyer is the one published on the site at the time of sending.
The prices of the products are final. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 - Payment
The customer who intends to proceed with the purchase of the products must express this desire through a request made directly on the site, in the specially dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment.
The payment of the consideration is due from the time of order. The customer undertakes to pay the agreed price for the product ordered on the site (price of products and transport) using the available payment methods.
The customer guarantees Nuova Drogheria di MoMix s.r.l to have any necessary authorizations to use the payment instrument indicated in the order.
In case of non-receipt by Nuova Drogheria di MoMix s.r.l of payment, Nuova Drogheria di MoMix s.r.l reserves the right to cancel the order . In the case of payment by credit card, Nuova Drogheria di MoMix s.r.l reserves the right to request the sending, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, Nuova Drogheria di MoMix s.r.l may refuse payment and cancel the order.
Payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol.
9 - Transfer of risks
The transfer of risks to the customer takes place upon delivery of the products by the carrier to the customer. During the withdrawal period mentioned in Article 13, the customer is responsible for the object as custodian. In case of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
10 - Order execution
The order will be executed within the terms specified on the Site and upon acceptance of the order by Nuova Drogheria di MoMix s.r.l and in any case within 30 days following the confirmation of the order subject to the availability of the ordered product and unless specifically agreed between the parties.
In case of exhaustion of stock or unavailability of the ordered product, Nuova Drogheria di MoMix s.r.l undertakes to inform the customer as soon as possible and to specify a possible term of renewed availability.
See Article 6 regarding the availability of products.
11 - Delivery
The geographical area of delivery corresponds to the geographical area of coverage of the offer. Deliveries are made from Monday to Friday.
The products are delivered to the address indicated by the customer. Delivery is intended at street level unless otherwise indicated. The request for delivery to the floor of an order (where available) must be indicated by the customer at the time of final confirmation of the order. Unless otherwise specified during the purchase, Nuova Drogheria di MoMix s.r.l does not provide for the installation service of the products sold.
Nuova Drogheria di MoMix s.r.l without prejudice to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier in charge of transporting them. Nuova Drogheria di MoMix s.r.l cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. Nuova Drogheria di MoMix s.r.l cannot be held responsible for delays in delivery attributable exclusively to the chosen carrier.
In the event that the carrier has been chosen by you outside of those proposed during the purchase, the risk of damage and loss of the Products is transferred to you already at the time of delivery to the carrier itself, precluding any dispute regarding the external characteristics of the delivered goods. In this case, any dispute must be made directly by you against the carrier. Nuova Drogheria di MoMix s.r.l makes deliveries throughout the Italian territory. Deliveries in disadvantaged postcodes (e.g. Venezia Laguna) may result in changes in the transport rates indicated.
If the customer intends to place a purchase order through the site from abroad, he must communicate a delivery address in Italy. Delivery is made by couriers selected by Nuova Drogheria di MoMix s.r.l ; PO Boxes are not considered valid addresses for delivery.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and release of the goods.
Upon delivery, the customer must check the content, conformity and condition of the product(s). Therefore, upon delivery, Nuova Drogheria di MoMix s.r.l recommends the customer to check the status of the products delivered before signing the receipt document.
If anomalies are detected, the customer must refuse delivery of the products or put in writing his reservations, detailed and dated. These reservations must be confirmed to Nuova Drogheria di MoMix s.r.l by registered mail with return receipt within three (3) working days following delivery of the products.
12 - Withdrawal of products in case of absence of the customer
In case of absence of the recipient during delivery, the carrier will leave a notice of passage at the delivery address indicated by the customer. In case of absence of the recipient even at the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
In case of non-collection within the deadline established by the carrier, the products will be returned to Nuova Drogheria di MoMix s.r.lche reserves the right to refund the price of the products, leaving the costs of shipping, storage and return charged to the customer.
13- Right of withdrawal
Our website sells food products that by their nature are perishable and have an expiration date for which in general withdrawal is not allowed as required by Art. 59 of the Consumer Code Sub 1. letters d) and e) referred to below, the general legislation is reported if non-food products are sold.
The customer has the right to withdraw from the Contract, without indicating the reasons, starting from the receipt of the order confirmation sent by Nuova Drogheria di MoMix s.r.l no later than 14 days from receipt of the product at the address indicated for delivery.
Full proof of receipt of the goods is the date shown by the shipment tracking.
To exercise the right of withdrawal, the customer is required to inform Nuova Drogheria di MoMix s.r.l through an explicit declaration (for example a letter sent by post, fax or e-mail to be sent to the address info@nuovadrogheria.it To this end, the customer can use the withdrawal form that the seller will send, but it is not mandatory. The communication must include the contact details of the recipient, the order number and the date of receipt. To comply with the withdrawal period, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. If the product has already been delivered, the customer is required to return it to Nuova Drogheria di MoMix s.r.l without undue delay and in any case within 14 days from the day on which the customer communicated the withdrawal. The product is considered returned when it is delivered to the post office and / or courier accepting. The customer is responsible for the diminished value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. If the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The customer must send the product properly packaged and packaged; Nuova Drogheria di MoMix s.r.l does not accept damaged returns, but kept in normal condition, kept with the use of normal diligence. Products damaged by detergents / additives, or products damaged by the customer due to inexperience, will not be replaced or refunded. The customer must insert a copy of the delivery document received inside the packaging box. The risks of transport for the return of the products are fully borne by the customer. The costs of returning the goods to Nuova Drogheria di MoMix s.r.l are charged to the customer.
If the customer requests withdrawal from this contract, he will be refunded the payment he has made in favor of Nuova Drogheria di MoMix s.r.l no later than 14 days from the day of receipt of the return intact at its warehouses. This refund will be made using the same means of payment that the customer has chosen for the initial transaction, unless the customer has expressly agreed otherwise.
The refund will be made, within fourteen days from the date on which Nuova Drogheria di MoMix s.r.l has received the returned product in its warehouses in accordance with the above.
As provided for by Article 59 of the Consumer Code, the right of withdrawal governed by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, can not be returned or are likely to deteriorate or expire rapidly.
1. The right of withdrawal referred to in Articles 52 to 58 for distance and off-premises contracts shall be excluded in relation to:
a) service contracts after the complete provision of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the seller;
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the seller is not able to control and that may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
(d) the supply of goods liable to deteriorate or expire rapidly;
(e) the supply of sealed goods which are not suitable for return for hygienic or health protection reasons and have been unsealed after delivery;
(f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the seller;
(h) contracts where the consumer has specifically requested a visit by the seller for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the seller provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal shall apply to those additional services or goods;
(i) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
(l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
(m) contracts concluded at a public auction;
(n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
(o) the supply of digital content on a non-tangible medium if performance began with the consumer's express agreement and acceptance that in that case he would lose his right of withdrawal.)
14 - Warranty
While taking into account the food nature of the products sold, it should be noted that they are covered by the legal guarantee of conformity pursuant to Articles. 128 and following of the Consumer Code, for which the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. In the event of a lack of conformity, the consumer is entitled, at his choice and provided that the nature of the product allows it, to restore, without charge, the conformity of the goods by repair or replacement, or to an appropriate reduction in the price or to terminate the contract.
15 - Use of the site
The product descriptions and images on the site correspond to what is made available by the suppliers of Nuova Drogheria di MoMix s.r.l to Nuova Drogheria di MoMix s.r. l same. The photographs and videos presenting the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account that the quality of the images, including an exact display of the color variants, may depend on software and IT tools used by the customer when connecting to the site. Nuova Drogheria di MoMix s.r.l assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as they do not depend on their will.
16 - Intellectual and industrial property rights
Nuova Drogheria di MoMix s.r.l informs that the site, as well as all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they occur, is prohibited. Nuova Drogheria di MoMix s.r.l reserves the right to take legal action to protect these aspects. Nuova Drogheria di MoMix s.r.l assumes no responsibility for trademarks and other distinctive signs that appear on the products it sells on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
17 - Protection of personal data
Nuova Drogheria di MoMix s.r.l is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information on the processing of personal data, including the rights referred to in art. 7 of D. lgs. 196/03, please refer to the detailed information already provided at the time of registration on the Site www.nuovadrogheria.it or available on the Privacy page published on our site.
18 - Electronic signature
The "validation click" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
19 - Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the customer may be inserted or excluded from these general conditions.
20 - Nullity
If one or more provisions of these general conditions is considered invalid or declared as such by virtue of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
21 - Communications
For any communication you can contact NUOVA DROGHERIA at the following addresses:
Nuova Drogheria di MoMix s.r.l Via Emilia Est, 166 - 41124 Modena Emilia P.IVA 03803730369 E-mail: info@nuovadrogheria.it
22 - Applicable Law and Jurisdiction
The sales contract concluded between the Customer and Nuova Drogheria di MoMix s.r.l is considered concluded in Italy and governed by Italian law, in particular by the provisions of the Civil Code, Legislative Decree 70/2003 relating to contracts concluded electronically, the Consumer Code and their possible additions and amendments. For the resolution of all disputes arising from the sales contract between Nuova Drogheria di MoMix s.r.l and the Customer, the Judicial Offices of the Court of Reggio Emilia will be competent exclusively, unless the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the business or professional activity carried out. In this case, the Court of the place where the Customer has his residence or domicile will be exclusively competent, if located on the territory of the Italian State.